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NORTHERN PACIFIC RAILWAY COMPANY v. UNITED STATES

No. 6178.

277 F.2d 615 (1960)

NORTHERN PACIFIC RAILWAY COMPANY and Continental Oil Company, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Tenth Circuit.

March 12, 1960.

Attorney(s) appearing for the Case

W. J. Wehrli, Casper, Wyo. (A. T. Smith and W. M. Griffith, Denver, Colo., were with him on the brief), for appellants.

Claron C. Spencer, Dept. of Justice, Washington, D. C. (Perry W. Morton, Asst. Atty. Gen., John F. Raper, Jr., U. S. Atty., Cheyenne, Wyo., and Roger P. Marquis, Dept. of Justice, Washington, D. C., were with him on the brief), for appellee.

Before BRATTON, PICKETT and BREITENSTEIN, Circuit Judges.

BRATTON, Circuit Judge.

The United States began this action against Northern Pacific Railway Company and Continental Oil Company to clear its asserted title to the mineral estate under a strip of land containing 30.12 acres in Park County, Wyoming. Recourse at the outset to the background against which the litigation was instituted may contribute to a clear perception of the questions presented and the manner in which they arose.

By the Act approved July 2...

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